|
General Terms and Conditions of the Online Store Frank & Frank
Frank & Frank
Alexander Frank and Nikolaj Pupkulies GbR
Beethovenstraße 20
D-24534 Neumünster
represented by the partners Alexander Frank and Nikolaj Pupkulies
§ 1 Applicability
(1) For the business relationship between Alexander Frank and Nikolaj Pupkulies GbR (hereinafter called “provider”) and the customer (hereinafter called “customer), exclusively the following General Terms and Conditions in their valid version at the time of ordering apply. Deviating conditions of the orderer are disallowed, unless the provider agrees to their applicability in writing.
(2) The customer is informed by alterations of these terms and conditions in writing by email. If the customer does not object to this alteration within four weeks after the receipt of the notice, the alterations are deemed to be accepted by the customer. In the case of an alteration of the terms and conditions, the customer is explicitly informed about his right of objection and the legal consequences.
§ 2 Registration as a Customer, Customer Account
(1) The registration as a customer to use the online store of the provider under the Domain http://www.frank-and-frank.com is free of charge. A right to the admission to the online store of the provider is not given. Only legally competent persons without limitations are entitled to participate. On the provider’s demand, the customer must send him a copy of his identity card. The registration is made electronically on the website of the provider. The customer must enter the data required for the access to the online store completely and truthfully. Access to the customer account is given either by entering the customer’s email-address or a personal user name with a password. The user name may not violate any rights of third parties or other naming and trademark rights or public morals. The customer is obliged to keep the password secret and not to disclose it to any third party.
(2) The registration is attended without any obligations. The customer may withdraw his registration at any time. The registration alone does not result in any obligation to buy the products offered by the provider.
(3) As far as the customer alters his personal data, he himself is responsible for their topicality. All alterations can be made online after registration under the customer account.
§ 3 Order, Conclusion of Contract
(1) The languages available for the conclusion of contract are German and English. The provider is not subject to any special codes of behaviour.
(2) The customer has the option to choose goods from the provider's website stated above. The essential features of the provided items as well as the validity of temporary offers can be seen in the respective product description. These presentations of the provider’s goods are no binding offer. The customer can click on the desired goods on the web site. These are collected in a virtual shopping cart and, at the end of his shopping tour, the customer receives a compilation of the goods with the total price including VAT.
(3) Prior to the dispatch of the order, which binds the customer to his order as an offer in accordance with § 145 BGB, the customer can check his order for correctness of content, including price and amount and, if applicable, change it. Possible mistakes made when entering data can be corrected with the help of the delete and change function at any time. The order can only be placed and transferred if the customer accepts the terms of contract by clicking on the button “I accept the GTC” and in this way places a binding order.
(4) The provider then sends an automatic order confirmation by email to the customer, including the customer’s order and the terms of contract with the instruction of revocation. The purchase contract is not closed in a legally binding way before the dispatch of the goods.
§ 4 Right of Revocation
|
Cancellation policy
Right of revocation
You have the right to return the received item within 14 days by sending it back without stating any reasons. The period begins with the receipt of this instruction in the written form (e. g. letter, fax, email) but not prior, to the day of receipt of the ordered item and not prior to the fulfilment of our duties in accordance with article 246 § 2 in combination with § 1 section 1 and 2 EGBGB, as well as our duties in accordance with § 312e section 1 sentence 1 BGB in combination with article 246 § 3 EGBGB. Only in the case of non-packageable items (e. g. bulky goods), can you revoke the contract by sending a written revocation note. The dispatch of the revocation note or the item in due time shall suffice for compliance with the time. In each case, the return takes place at our risk and charge. Send the item or the revocation notice to:
Frank & Frank
Alexander Frank und Nikolaj Pupkulies GbR
Beethovenstraße 20
D-24534 Neumünster
Fax: +49 (0) 4321- 96 56 223
Email:
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Consequences
In the case of an effective revocation, both sides shall return the received item / payment as well as, should the occasion arise, derived benefits (e. g. interests). In the event of a deterioration of the item, compensation shall be retained. This does not apply if the deterioration of the item solely results from its testing like the customer would have done in a retail store. Further, the compensation duty can be prevented by not treating the item as an owned property and refraining from anything that could impair the value. Payments must be reimbursed within 30 days. The term begins for you with the dispatch of the item or the revocation notice, for us upon receipt.
End of cancellation policy
|
§ 5 Delivery, Availability of Goods
(1) On the web site stated above, only items that are currently available are shown. Although the provider’s data base is updated within very short time intervals, it may, in very rare exceptional cases, occur that an item is already sold out at the time of ordering. An article may also be unavailable if several customers at the same time order an item, of which only one is available. If the customer’s order cannot be processed, the provider informs the customer as soon as possible. The provider does not send an order confirmation. In this case, no contract is closed.
(2) If the item ordered by the customer is unavailable for a limited period of time, a new order must be placed as soon as the website stated above announces the availability of the ordered item.
§ 6 Retention of title
The delivered goods remain the property of the provider until full payment.
§ 7 Prices and Shipping Costs
(1) All prices stated on the website of the provider are including VAT and excluding shipping.
(2) The shipping costs are stated on the website of the provider and can be seen by the customer by clicking on the button “shipping costs”. These costs are at the expense of the customer and are listed separately on the invoice by the provider.
(3) The goods are shipped by the Deutsche Post AG or DHL. Delivery dates or terms are only binding if the provider has confirmed them in writing beforehand.
§ 8 Terms of Payment
(1) Payment is due immediately upon ordering. Payment is made at the customer’s choice by credit card (the provider uses the transfer procedure „SSL“ to encode the customer’s personal data), by bank transfer (payment in advance), or PayPal. The provider issues an invoice for the goods ordered by the customer, which he receives upon delivery of the goods. Payments in advance or by credit card or PayPal are considered for the invoicing.
§ 9 Liability for Material Defects, Warranty
(1) Information, drawings, photographs, technical data, weight-, measurement- and service descriptions included on the website stated above, in brochures, catalogues, circulars, advertisements or price lists, have a purely informational character. The provider does not give any guarantee for the correctness of these data. Regarding the nature and extent of the delivery, solely the data stated in the order confirmation are decisive.
(2) As far as defect concerning the seller’s warranties exists, the customer, within the scope of legal regulations, is entitled to claim supplementary performance, to withdraw from the contract, or to reduce the purchase price.
(3) The statutory period of limitation of warranty claims for delivered goods is two years, starting upon the receipt of goods. For companies acting on behalf of their commercial or self-employed professional activity when closing the contract, the seller’s warranty for goods delivered by the provider amounts to 12 months.
(4) A warranty for goods delivered by the provider is only given if it was explicitly stated in the order confirmation for each respective item.
§ 10 Limitation of Liability
(1) The provider is only liable for damages, other than those of life, body and health, as far as they were caused by a deliberate action or an act of culpable negligence or on intentional breach of a decisive contractual duty by him or his proxy. An exceeding liability for damage is excluded. The provisions of the product liability law remain unaffected.
(2) The communication of data via the internet as of the present state of the art may be not flawless and/or always available. The provider therefore does not assume any liability, neither for the constant and continuous availability of the stated above online store, nor for technical and electronic errors during a purchase over which the provider has not influence, especially not for the delayed processing or acceptance of orders.
(3) The restrictions stated above also apply for the legal representatives and proxies of the provider, if claims are put forward directly against them.
§ 11 Privacy Policy
Within the scope of the processing of contracts, the provider stores customer data. He observes the rules of the Federal Data Protection Act as well as the German Teleservices Act. Without the customer’s consent, the provider will only collect, process and use personal and user data of the customer as far as is required for the processing of the contractual relationship and the use of the German Teleservices Act. For further information about the collection, processing and usage of data, please click on the button “privacy policy” on the provider’s website.
§ 12 Service Hotline
The provider has a hotline for customer questions concerning the online store (orders, services, store function), as well as for questions not directly concerning the online store. This hotline is available for the customer 5 days a week (Monday to Friday) at usual business hours (9AM to 6PM). Information about this hotline can be found on the provider’s web site by clicking on the button “contact”.
§ 13 Final provisions
(1) Only the law of the Federal Republic of Germany is applicable for contracts between the provider and the customer. The UN-convention on contracts is excluded.
(2) As far as the customer is a tradesman, a corporate body under public law or special fund under public law, the court of jurisdiction for all disputes arising from this contract between the customer and the provider is the place of the provider.
(3) Should any part of these GTC be or become invalid, the validity of the other provisions remains unaffected. Instead of the invalid provision the respective legal regulations shall apply.
Last update: June 11, 2010
General Terms and Conditions of the Online Store Frank & Frank
Frank & Frank
Alexander Frank and Nikolaj Pupkulies GbR
Beethovenstraße 20
D-24534 Neumünster
represented by the partners Alexander Frank and Nikolaj Pupkulies
§ 1 Applicability
(1) For the business relationship between Alexander Frank and Nikolaj Pupkulies GbR (hereinafter called “provider”) and the customer (hereinafter called “customer), exclusively the following General Terms and Conditions in their valid version at the time of ordering apply. Deviating conditions of the orderer are disallowed, unless the provider agrees to their applicability in writing.
(2) The customer is informed by alterations of these terms and conditions in writing by email. If the customer does not object to this alteration within four weeks after the receipt of the notice, the alterations are deemed to be accepted by the customer. In the case of an alteration of the terms and conditions, the customer is explicitly informed about his right of objection and the legal consequences.
§ 2 Registration as a Customer, Customer Account
(1) The registration as a customer to use the online store of the provider under the Domain http://www.frank-and-frank.com is free of charge. A right to the admission to the online store of the provider is not given. Only legally competent persons without limitations are entitled to participate. On the provider’s demand, the customer must send him a copy of his identity card. The registration is made electronically on the website of the provider. The customer must enter the data required for the access to the online store completely and truthfully. Access to the customer account is given either by entering the customer’s email-address or a personal user name with a password. The user name may not violate any rights of third parties or other naming and trademark rights or public morals. The customer is obliged to keep the password secret and not to disclose it to any third party.
(2) The registration is attended without any obligations. The customer may withdraw his registration at any time. The registration alone does not result in any obligation to buy the products offered by the provider.
(3) As far as the customer alters his personal data, he himself is responsible for their topicality. All alterations can be made online after registration under the customer account.
§ 3 Order, Conclusion of Contract
(1) The languages available for the conclusion of contract are German and English. The provider is not subject to any special codes of behaviour.
(2) The customer has the option to choose goods from the provider's website stated above. The essential features of the provided items as well as the validity of temporary offers can be seen in the respective product description. These presentations of the provider’s goods are no binding offer. The customer can click on the desired goods on the web site. These are collected in a virtual shopping cart and, at the end of his shopping tour, the customer receives a compilation of the goods with the total price including VAT.
(3) Prior to the dispatch of the order, which binds the customer to his order as an offer in accordance with § 145 BGB, the customer can check his order for correctness of content, including price and amount and, if applicable, change it. Possible mistakes made when entering data can be corrected with the help of the delete and change function at any time. The order can only be placed and transferred if the customer accepts the terms of contract by clicking on the button “I accept the GTC” and in this way places a binding order.
(4) The provider then sends an automatic order confirmation by email to the customer, including the customer’s order and the terms of contract with the instruction of revocation. The purchase contract is not closed in a legally binding way before the dispatch of the goods.
§ 4 Right of Revocation
§ 5 Delivery, Availability of Goods
(1) On the web site stated above, only items that are currently available are shown. Although the provider’s data base is updated within very short time intervals, it may, in very rare exceptional cases, occur that an item is already sold out at the time of ordering. An article may also be unavailable if several customers at the same time order an item, of which only one is available. If the customer’s order cannot be processed, the provider informs the customer as soon as possible. The provider does not send an order confirmation. In this case, no contract is closed.
(2) If the item ordered by the customer is unavailable for a limited period of time, a new order must be placed as soon as the website stated above announces the availability of the ordered item.
§ 6 Retention of title
The delivered goods remain the property of the provider until full payment.
§ 7 Prices and Shipping Costs
(1) All prices stated on the website of the provider are including VAT and excluding shipping.
(2) The shipping costs are stated on the website of the provider and can be seen by the customer by clicking on the button “shipping costs”. These costs are at the expense of the customer and are listed separately on the invoice by the provider.
(3) The goods are shipped by the Deutsche Post AG or DHL. Delivery dates or terms are only binding if the provider has confirmed them in writing beforehand.
§ 8 Terms of Payment
(1) Payment is due immediately upon ordering. Payment is made at the customer’s choice by credit card (the provider uses the transfer procedure „SSL“ to encode the customer’s personal data), by bank transfer (payment in advance), or PayPal. The provider issues an invoice for the goods ordered by the customer, which he receives upon delivery of the goods. Payments in advance or by credit card or PayPal are considered for the invoicing.
§ 9 Liability for Material Defects, Warranty
(1) Information, drawings, photographs, technical data, weight-, measurement- and service descriptions included on the website stated above, in brochures, catalogues, circulars, advertisements or price lists, have a purely informational character. The provider does not give any guarantee for the correctness of these data. Regarding the nature and extent of the delivery, solely the data stated in the order confirmation are decisive.
(2) As far as defect concerning the seller’s warranties exists, the customer, within the scope of legal regulations, is entitled to claim supplementary performance, to withdraw from the contract, or to reduce the purchase price.
(3) The statutory period of limitation of warranty claims for delivered goods is two years, starting upon the receipt of goods. For companies acting on behalf of their commercial or self-employed professional activity when closing the contract, the seller’s warranty for goods delivered by the provider amounts to 12 months.
(4) A warranty for goods delivered by the provider is only given if it was explicitly stated in the order confirmation for each respective item.
§ 10 Limitation of Liability
(1) The provider is only liable for damages, other than those of life, body and health, as far as they were caused by a deliberate action or an act of culpable negligence or on intentional breach of a decisive contractual duty by him or his proxy. An exceeding liability for damage is excluded. The provisions of the product liability law remain unaffected.
(2) The communication of data via the internet as of the present state of the art may be not flawless and/or always available. The provider therefore does not assume any liability, neither for the constant and continuous availability of the stated above online store, nor for technical and electronic errors during a purchase over which the provider has not influence, especially not for the delayed processing or acceptance of orders.
(3) The restrictions stated above also apply for the legal representatives and proxies of the provider, if claims are put forward directly against them.
§ 11 Privacy Policy
Within the scope of the processing of contracts, the provider stores customer data. He observes the rules of the Federal Data Protection Act as well as the German Teleservices Act. Without the customer’s consent, the provider will only collect, process and use personal and user data of the customer as far as is required for the processing of the contractual relationship and the use of the German Teleservices Act. For further information about the collection, processing and usage of data, please click on the button “privacy policy” on the provider’s website.
§ 12 Service Hotline
The provider has a hotline for customer questions concerning the online store (orders, services, store function), as well as for questions not directly concerning the online store. This hotline is available for the customer 5 days a week (Monday to Friday) at usual business hours (9AM to 6PM). Information about this hotline can be found on the provider’s web site by clicking on the button “contact”.
§ 13 Final Regulations
(1) Only the law of the Federal Republic of Germany is applicable for contracts between the provider and the customer. The UN-convention on contracts is excluded.
(2) As far as the customer is a tradesman, a corporate body under public law or special fund under public law, the court of jurisdiction for all disputes arising from this contract between the customer and the provider is the place of the provider.
(3) Should any part of these GTC be or become invalid, the validity of the other provisions remains unaffected. The provider and the customer will replace the invalid provision by a valid one, which comes closed to the commercial purpose pursued.
Last update: December 1, 2008
|
